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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, who had been an employee of the previous E apartment, was contacted by the victim C (V, 20 years of age), etc., and was under contact on September 14, 2017, and went together with the victim, etc., from Sep. 20, 2017, from Sep. 14, 2017 to Oct. 00 of the following day, the Defendant told the victim, etc., that he would be able to be able to be able to take the victim's house directly by drinking alcohol, and let the victim go together with the victim in front of the same E apartment in around 00:24 on the same day, after getting in the taxi at around 00:24 on the same day, she went off with the victim, who was unable to walk properly, and was on board the elevator, and went into the victim's residence.
From around that time to 01:40 on the same day, the Defendant was unable to engage in sexual intercourse with the victim by putting the victim under the influence of alcohol, putting the victim out of panty, putting him/her away from the panty, putting him/her away from the panty, leaving his/her fingers in his/her fingers, inserting his/her fingers into the negative part of the victim, and inserting his/her sexual organ into the negative part of the victim.
As a result, the Defendant attempted to engage in sexual intercourse with the victim by using the victim's resistance impossible condition, but in the process, the victim's entrance was teared, so that the victim suffered a heat of 2 to 3 meters above the number of treatment days at the entrance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to report internal investigation (Submission of a medical opinion);
1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for a limited term;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 (1) of the Criminal Act on the community service order;
1. The punishment, etc. of sexual assault crimes committed to attend lectures;